Medical device agency agreement
Party A:
(hereinafter referred to as Party A)
Party B:
(hereinafter referred to as Party B)
In accordance with the Contract Law of People's Republic of China (PRC) and other relevant national laws and regulations, and on the principle of equality, voluntariness and mutual benefit, Party B agrees to be the agent of Party A through friendly negotiation. The specific agreement is as follows:
I. General principles
1, and Party A is
The product manufacturer now authorizes Party B to produce products for Party A in.
The term of authorized special dealers in this area is from the date of signing this agreement to the date of.
2. During the contract period, Party A shall not set up another special dealer in the distribution area of Party B, so as to protect Party B's commercial activities of selling Party A's products in the authorized area to the maximum extent (Party A shall coordinate and arrange relevant bidding matters for extra-large bidding).
3. Party B's sales scope is limited to the area agreed in this agreement, and other areas shall be negotiated separately by both parties. ..
4. Party B must have legal person qualification, independent legal person qualification, full capacity for civil conduct and legal business qualification, be able to bear civil liability independently, have a fixed business place, have certain business funds, have a sound marketing network and distribution channels, and have the ability to expand market share.
5. Before signing this agreement, Party B shall provide Party A with a complete distributor application form and necessary accessories.
6. When signing this contract, Party B shall submit and sign the regional sales expansion plan to Party A as required.
7. When signing this contract, Party B shall provide a copy of the company qualification document stamped with Party B's official seal and submit it to Party A for filing. If there is any change, Party B shall notify Party A in writing.
8. Party B shall actively develop distributors and ensure that the business activities of distributors comply with laws and relevant provisions of this contract.
9. Party A entrusts Party B to represent Party A's products in the following matters:
(1) selling products and their installation and maintenance as agents;
(2) agent collection;
(3) Acting to deliver goods to Party A's old customers;
(4) Managing Party A's customers as agents;
(5) Acting as an agent for Party A's market maintenance;
(6) Other businesses authorized by Party A in writing by Party B according to the business development.
Second, evaluation
1, issue date:
Year month day to year month day.
2. During the distribution period, Party B enjoys the exclusive distributor qualification in this area, and Party A has the right to make irregular evaluation on Party B's distribution and market conditions.
Three. Rights, responsibilities and obligations of both parties 1. Rights, responsibilities and obligations of Party A:
(1) Party A has the right to supervise the market in the area where Party B is located.
(2) Party A has the right to make corresponding decisions according to Party B's performance appraisal results, such as rewarding and canceling Party B's distribution qualification.
(3) Party A is responsible for guiding the installation and operation of products sold in Party B's training area.
(4) Party A has the obligation to guide Party B's sales behavior and maximize its market share.
(5) Party A has the obligation to assist Party B in local market promotion and bidding.
(6) When Party B breaches the contract, Party A has the right to unilaterally terminate the contract and cancel the distributor qualification in Party B's area.
(7)
Party A has the right to adjust the distribution system, distribution price and distribution discount according to the market situation and distributor performance, and will inform Party B of the changed distributor system and distribution price information by email, fax and other means in time.
(8) Party A shall ensure that the quality standards of the products provided meet the national quality and certification standards.
2. Rights, responsibilities and obligations of Party B:
( 1)
Party B has the right to engage in legal business activities related to the sale of goods stipulated in this contract in the name of Party A's special distributor within its jurisdiction.
(2) Party B has the right to obtain the priority distribution right of Party A's new products during the distribution period.
(3) When selling Party A's products, Party B shall not distribute or represent similar products from other manufacturers.
(4) Party B has the obligation to supervise the distributors at lower levels.
(5) Party B is obliged to fill in the market information feedback form on time for Party A's statistical analysis.
(6)
Party B is responsible for developing the market and customers by itself. Party B guarantees to provide good service to customers in the distribution business. When selling Party A's products to customers, they shall not damage the interests and reputation of customers and Party A by fraud, coercion or other improper means, and shall be obliged to safeguard Party A's brand and the brand of products they distribute.
(7)
When selling products, Party B must fill in the user receipt card and send it back to Party A. Party B has the obligation to keep files, which should include customer name, address, telephone number, sales date, product name, model, product serial number, configuration and quantity.
(8)
Party B shall not undermine Party A's price policy in any form, and shall be responsible for keeping the contents of this sales agreement confidential. If Party B violates this obligation, Party A has the right to unilaterally cancel Party B's dealer qualification, and at the same time, Party B shall bear the losses caused to Party A by violating this obligation.
(9) Party B shall keep confidential the information designated as confidential by Party A..
(10) Party B shall purchase goods on a regular basis in strict accordance with the sales tasks agreed by both parties in the contract, otherwise Party A has the right to unilaterally cancel its special dealer qualification.
(1 1) If Party B acts as an agent beyond the agency authority and agency area without the authorization of Party A, Party A has the right to impose penalties, and the losses caused to the third party shall be borne by Party B.. If losses are caused to Party A, Party A has the right to demand compensation from Party B. ..
Four, sales indicators, price policies and settlement methods
1. During the distribution period, the total sales of Party B is RMB10,000 yuan, and every four months is an assessment period.
2. See the attached table for the supply price, suggested price and minimum price provided by Party A to Party B..
3. Price policy.
( 1)
The right to set and publish the product price belongs to Party A. Party B has the responsibility to keep the price confidential. Party B's quotation in the media shall not be lower than the minimum selling price required by Party A, and the market selling price shall not be lower than the minimum selling price required by Party A. If Party B violates confidentiality provisions or price regulations, Party A will impose sanctions. If losses are caused to Party A, Party A will recover according to law.
(2) Party A shall supply the goods at the unified reserve price.
(3) Party A requires to provide uniform price standards for lower-level distributors.
(4)
When Party A entrusts to adjust the products and prices, it shall promptly notify Party B in writing, and this notice shall become an integral part of this contract once it is issued. Party A will send a new quotation to Party B within three working days after the release of the new price.
(5)
Before Party A releases the new product, Party B shall not carry out any promotion activities for the new product without Party A's permission. Including marketing, product display and so on.
4. When adjusting the product price, Party A will give Party B a price protection policy for a certain period of time.
5. Settlement method: full payment in advance.
V ordering, payment, delivery and inspection
1. Party B shall fill in Party A's order (attached table) item by item as required, affix the official seal of the company and fax it to Party A. The faxed order has the same legal effect as the original. Party A shall confirm within one working day.
2. Payment shall be made by transfer or telegraphic transfer. , subject to payment to Party A's account.
3. Party A shall deliver the goods within/kloc-0 to 20 days after receiving the official order from Party B. ..
4. Party B shall notify Party A of the planned delivery order ten working days in advance, so that Party A can arrange the delivery in time.
5. Party A is responsible for the freight and insurance of the goods from Party A's railway station to Party B's railway station (if there is no railway station in Party B's place, the nearest railway station that Party A can reach shall prevail).
6. Party B shall accept the order and return the goods within 3 working days after receiving the goods. If the goods are damaged or the model is wrong, Party A shall be informed in writing, otherwise it will be regarded as the first acceptance.
Market support and after-sales service of intransitive verbs
1. Party A shall provide or provide a certain number of samples, publicity materials and other forms of support free of charge, and provide spare parts to Party A in time. Party A shall send the spare parts to the address designated by Party B (15) within 30 days after Party B submits the written application for spare parts.
2. Party A shall assist Party B to fully publicize and support the market and implement it in stages according to the market conditions.
3. Party A shall exchange products for Party B without affecting the secondary sales, and Party B shall be responsible for the transportation expenses and other related expenses.
4. Party A is fully responsible for the after-sales service of the series of products provided by its company, and the products provided by Party A to Party B are guaranteed free of charge for two years and maintained for life.
Seven, reward and punishment measures
1. If Party B violates the price policy, cross-regional sales or breaches the contract, Party A will stop supplying and cancel its distribution qualification at any time. Party B has completed the sales task agreed by both parties, and there is no violation, so it renews the contract for the next year.
2. If Party B completes the sales task of RMB10,000.00 yuan in this agreement, Party A will reward Party B with% (deducted from the product payment).
Eight. responsibility for breach of contract
1. Party B and Party A are independent contractors. During the cooperation, they must strictly abide by the terms of this agreement. Except as expressly stipulated in this agreement, each party has independent rights and obligations. Neither party shall impose its debts on the other party or affect the rights granted to the other party. If any party's behavior leads to any third party's lawsuit or claim, that party shall bear the responsibility.
2. If either party violates the terms of this agreement and causes losses to the other party, the breaching party shall bear all the losses caused to the other party.
Nine. exceptions
When Party A's normal supply is affected by force majeure or unexpected events, it shall not be regarded as Party A's breach of contract, and Party B agrees. "Force majeure" refers to unforeseeable, insurmountable and unavoidable objective events, such as wars, natural disasters and government bans.
X. Legal effect
1. After the expiration of Party A's distribution authorization to Party B, this contract will be automatically terminated. If there is no violation, the contract can be renewed.
2. This contract shall come into effect after being signed and sealed by both parties.
3. For matters not covered by both parties, an annex to the contract can be signed, which has the same legal effect as the original.
4. This contract is made in duplicate, one for each party, with the same legal effect.
Party A (seal): Party B (seal):
Authorized representative: authorized representative:
Tel: Tel:
Fax: Fax:
Signing time: year month day